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Minutes 93-10-25 , MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 25, 1993 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m. on Monday, October 25, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding. PRESENT: Councilmembers Bowman, Nicholson, Partin and Kerry ABSENT: Mayor Pro Tem Age Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh, and staff members Bacock, DeCarlo, Eynon, Munoz, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. Mayor Kerry mentioned that other small communities have found ways to use CDBG funds for some of their community services. The Planning Director advised that the block grant programs will be presented to Council soon, after the citizen participation meetings have been held. The City Manager advised that, in the past, the City has used those funds for the Senior Center, housing rehabilitation loans and street improvements. CONSIDERATION OF AWARD OF CONTRACT FOR CUSTODIAL SERVICES REQUEST FOR QUOTATION NO. 9394-3: The Acting City Engineer presented the staff report dated October 14, 1993 which indicated 11 bids had been received for custodial services in order to maintain the City Hall, Police Department, and Council Chamber. Advanced Building Maintenance Co. is the apparent lowest responsible bidder and they have provided satisfactory custodial services since 1989. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to approve an award of contract for a two year period ending October 31, 1995, for custodial services with Advanced Building Maintenance Co., 10830 E. Whittier Blvd., Whittier, CA 90606, for an annual cost not to exceed $22,800. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL PLANNING SERVICES FOR THE PREPARATION OF THE ORANGE AVENUE SPECIFIC PLAN: The Planning Director summarized the staff report dated October 22, 1993, which described the objectives of the Specific Plan to be prepared for 4871, 4901, 4911, 4921 and 4931 Orange Avenue. To initiate the preparation of a Specific Plan, the Council directed staff to return on October 25, 1993, with a status report addressing the estimated cost of consultant services for the preparation of the plan and verification of the willingness of the Olson Company to pay the consultant costs. The Planning Department contacted the planning consulting firm of Robert Bein, William Frost & Associates (RBF) for a project proposal and cost estimate. Based on the scope of work, RBF has estimated that the cost of their services will be $23,850. At the time of the writing. of this report, staff and the Olson Company were unable to reach confirmation of the payment of the consultant contract. The City Manager stated that if the Council would like staff to obtain competitive bids, an informal bid process for two other firms may be available by the next City Council, meeting. The Planning Director explained that whenever there is a Specific Plan or work with a developer, the developer deposits the money and then the City hires the consultant and the developer is not allowed to talk to the consultant. Professional bids are not competitive bids but they normally try to get several bids. /L CITY COUNCIL MINUTES October 25, 1993 Mr. Bill Waddle, 4322 Crescent Avenue, Cypress, stated that it seemed unusual when the developer was paying the consultant to be forbidden to talk to them. He would like to enter into an informal bidding process for additional bids to save time. The Councilmembers explained the consultants role in providing the specific plan. The Planning Director advised that the law dictates that professional ids can't be based on price, they had to be based on qualifications. After further explanation and discussion, the City Manager suggested that the formal bid route be taken in the same manner as for all City projects. Mr. Waddle stated that he would accept RBF at the estimated cost of services of $23,850. Responding to Mayor Kerry, the Planning Director advised that to finish the project, including community meetings, would take about three months. After additional discussion, the City Attorney stated that when Council took action at the last meeting, they approved a General Plan Amendment which in no way addressed the proposed project. The Specific Plan will address how all of the parcels will be developed, zoned and phased over a period of time. The project does not have a bearing on the specific plan; however, the project must conform to the specific plan. It was moved by Councilmember Bowman and seconded by Councilmember Partin to recommend that the developer pay the consultant fee of $23,850 for the professional services of RBF and deposit the money tomorrow. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Nicholson requested that Item No. 8, Consideration of Claim Filed by The Law Offices of Larry H. Parker, Inc., On Behalf of Phyllis Piantoni, Item No. 14, Consideration of Amending the Class Specification fbr the Position of Public Works Director/City Engineer and Item No. 16, Consideration of Employment List - Recreation Coordinator, Facility Operations - Cypress Recreation and Park District be removed from the Consent Calendar. Items No. 8 and 16 will be discussed during Closed Session. It was moved by Councilmember Partin and seconded by Councilmember Bowman to approve Consent Calendar Items No. 3 through 16, with the exception of Items No. 8, 14 and 16. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age Item No. 3: Motion to Approve City Council Minutes of the Regular Meeting of October 12, 1993. Recommendation: That the City Council approve the Minutes of October 12, 1993, as submitted. Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 5: Consideration of Proclaiming October 24 - 30, 1993, as "Parent Involvement Week" in the City of Cypress 2 h t~a 4 CITY COUNCIL MINUTES October 25, 1993 Recommendation: That the Mayor and City Council officially proclaim October 24 - 30, 1993, as "Parent Involvement Week" in the City of Cypress. Item No. 6: Consideration of Monthly Investment Program for the Month of August 1993. Recommendation: Receive and file. Item No. 7: Consideration of Proclaiming the Week of October 24 - 30 ,1993, as "Flu Awareness and Prevention Week." Recommendation: That the Mayor and City Council officially proclaim the week of October 24 - 30, 1993, as "Flu Awareness and Prevention Week" in the City of Cypress. Item No. 9: Consideration of Proclaiming Thursday, November 18, 1993, as the "Great American Smokeout Day." Recommendation: That the Mayor and City Council officially proclaim Thursday, November 18, 1993, as the "Great American Smokeout Day" in the City of Cypress. Item No. 10: Consideration of Proclaiming November 21 - 28, 1993, as "Bible Week." Recommendation: That the Mayor and City Council officially proclaim November 21 - 28, 1993, as "Bible Week" in the City of Cypress. Item No. 11: Consideration of Acceptance and Assessment for Abatement of Seasonal and Recurring Weeds for Phase I of the 1993/94 Program. Recommendation: That the City Council: 1) Accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; 2) Adopt the Resolution by title only, title as follows, confirming the weed abatement assessments and imposing special assessments as alien on the parcels shown on Exhibit "A"; and 3) Approve the contract cost with Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, CA 92647, in the Amount of $6,389.22. RESOLUTION N0. 4249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item No. 12: Consideration of Reappointment of Dorothy Galley to the Cypress Senior Citizens Commission. Recommendation: That the City Council reappoint Dorothy Galley to the Cypress Senior Citizens Commission for another four-year term of office, expiring on October 11, 1997. Item No. 13: Consideration of Proclaiming November 13-20, 1993, as "Scouting for Food Good Turn Week." Recommendation: That the Mayor and City Council officially proclaim November 13-20, 1993, as "Scouting for Food Good Turn Week" in the City of Cypress. Item No. 15: Consideration of Application for an Original Alcoholic Beverage License Filed by Aline, Elias, Graziella and Jerry Deukmajian, D.B.A. Campus Billiards, 9111 Ualley View Street, #107, Cypress. Recommendation: That the City Council receive and file this application, contingent upon the approval/disapproval of Conditional Use Permit No. 93-14 by the City Council at its meeting scheduled for November 8, 1993. END OF CONSENT CALENDAR 3 CITY COUNCIL MINUTES October 25, 1993 Regarding Item No. 14, Consideration of Amending the Class Specification for the Position of Public Works Director/City Engineer, Councilmember Nicholson asked what had been changed in the job description. The City Manager advised that the major difference was elimination of the requirement for a "registered" engineer, which would allow a person with managerial skills rather than strictly engineering skills to be eligible for the position. The other change was the suggestion that a person with a Business Administration or Public Administration degree rather than strictly engineering be considered with the salary to remain the same. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to approve the amendment to the Position Classification Plan for the classification titled Public Works Director/City Engineer or Public Works Director as outlined in the report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the resolution by title only, title as follows, adopting General Plan Amendment No. 93-1. RESOLUTION N0. 4250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING GENERAL PLAN AMENDMENT N0. 93-1, CHANGING THE LAND USE DESIGNATION FOR 4921 AND 4931 ORANGE AVENUE FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to adopt the resolution by title only, title as follows, adopting General Plan Amendment No. 93-2. RESOLUTION N0. 4251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING GENERAL PLAN AMENDMENT N0. 93-2, CHANGING THE LAND USE DESIGNATION FOR 4871, 4901 AND 4911 ORANGE AVENUE FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to order the following ordinance read by title only, title as follows, and to adopt the Ordinance declaring a moratorium at 4921, 4931, 4871, 4901 and 4911 Orange Avenue. ORDINANCE N0. 903 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING A MORATORIUM ON THE CONSTRUCTION AND USE OF RESIDENTIAL BUILDINGS ON ALL PROPERTY LOCATED AT 4921,.4931, 4871, 4901 AND 4911 ORANGE AVENUE, CYPRESS. The motion unanimously carried by the following roll call vote: 4 /C- ~ CITY COUNCIL MINUTES October 25, 1993 AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to adopt the resolution by title only, title as follows, granting Variance No. 93-12 RESOLUTION N0. 4252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A THREE FOOT SIDE YARD SETBACK FOR A ONE-STORY ROOM ADDITION TO A SINGLE-FAMILY HOME - VARIANCE N0. 93-12 (5641 ST. ANN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CLOSED SESSION: Mayor Kerry recessed the meeting at 6:20 p.m. to enable the Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:15 p.m. for a workshop on transportation issues. All Councilmembers were present except Mayor Pro Tem Age. Regarding TRANSPORTATION ISSUES, the Planning Director advised that this matter had been discussed with the Council at the October 12, 1993 workshop. At that time, Council had indicated to staff to have the consultant amend the scope of work to arrive at a baseline traffic study so the City would have similar studies and the specific plan from the General Plan would be consistent. The cost would be approximately $21,500 and funded through the Business Park Mitigation Fund. Additionally, an overall program had already been identified. Based on the information the consultant received at the meeting, the December deadline for the Measure M funding and dealing with the individual projects filed within the City, the consultant has achieved a proposal for the Council's review. Certain portions of the consultant's report have been highlighted and direction from Council will be asked by staff. Mr. Steve Sasaki, WPA, stated that the primary purpose of his memorandum was to look at the Business Park as a whole and one of the primary goals expressed was to do an overall study that would bring all of the Business Park's specific plans up to compliance with the General Plan. Also to do a one-study procedure for an overall mitigation plan that would serve to reduce some of the future traffic studies that may be needed. If all specific plans are studied at the same time, it would be a cost savings for the landowners rather than each one doing their own plan and each going through the process. Councilmember Bowman remarked that this appeared to be a repeat from the previous workshop and he wondered what has been expanded that is incurring the additional cost. The Planning Director explained that originally they were looking at a case-by-case basis and how to implement a fee program. At the previous meeting, Council had directed a baseline determination of where the City stands so they can move forward on a regional standpoint. The increase is based on 18 traffic intersections that are going to be evaluated for the baseline which allowed the change of the scope of the project to a more regional level. Responding to Councilmember Bowman, the Planning Director replied that this study would be the baseline and the City will not be required to do a study for the traffic section of the EIR. The City Manager stated that due to the time and complexity of the issue, he suggested the workshop be deferred. 7:30 P.M. SESSION: 5 / - a % , - i. ~ CITY COUNCIL MINUTES October 25, 1993 RECESS: Immediately after calling the 7:30 p.m. session to order, Mayor Kerry recessed the meeting at 7:35 p.m. and reconvened at 7:42 p.m. with all Councilmembers present, except Mayor Pro Tem Age. Also present were staff members Bacock, DeCarlo, Eynon, Munoz, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda Mr. Loren Van Tuyl, 9542 Margaret Street, Cypress, asked about cable television programs ESPN 2 and AMC because Copley/Colony had told him to speak to the City Council after he had called them. Mr. Howard Cromer, 6634 Teakwood Street, Cypress, complained about the increase in street sweeping and trash disposal fees. He stated if the City can't afford to sweep the streets, don't sweep them. He voiced the opinion that there was something..wrong with the way the City was dealing with the trash collection company and he was upset with the Council. The Finance Director reported that the MSI study concluded that street sweeping was undercharged by over $5.00 per month. It was the City's choice to cover the operating costs with the $2.00 fee increase. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, voiced his agreement with the previous speaker on street sweeping. The street sweepers are not needed, the streets don't need to be swept and an ordinance is needed that states it is illegal to have trash in front of the house. He objected to having his property taxes increased by the back door. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wanted to speak. The City Manager summarized actions taken by the Council during the 5:30 p.m. portion of the Agenda. He also reported on the discussion held with the consultant on transportation issues and that discussion will continue after the formal agenda is completed. The City Attorney reviewed discussions held during Closed Session on Piantoni vs. Cypress, and two personnel items on negotiations and salaries. Regarding Items No. 8 and 16, Consideration of Claim Filed by The Law Offices of Larry H. Parker, Inc., On Behalf of Phyllis Piantoni and Consideration of Employment List - Recreation Coordinator, Facility Operations - Cypress Recreation and Park District, respectively, it was moved by Councilmember Nicholson, seconded by Councilmember Bowman that the City Council: 1) Reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. 2) Acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, receive and file the employment List for the position of Recreation Coordinator, Facility Operations. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93-9, ITALIAN DELICATESSEN WITH ON SALE/OFF SALE OF BEER AND WINE, 6273 BALL ROAD: Mayor Kerry opened the public hearing. The City Manager asked the Planning Director to present the staff report dated October 18, 1993, which represented a request to operate an Italian delicatessen (Dominico Deli), including the sale of both onsite and offsite beer and wine, located at 6273 Ball Road. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. The proposed hours of operation will be 11 a.m. to 8 p.m., Monday through Saturday. This 6 CITY COUNCIL MINUTES October 25, 1993 establishment will be closed on Sundays. A parking study was commissioned by the City and paid for by the property owner. The parking study report concluded that a total of 41 parking spaces are needed to accommodate the- Park Plaza Shopping Center tenants and customers at full occupancy of the center. Therefore, the existing 45 parking spaces at Park Plaza are sufficient to accommodate the onsite peak-period parking demand. In addition, staff has notified the property owner/representative that future uses within the Park Plaza shopping center will be closely analyzed for parking generation prior to land use approval. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. Ms. Dora Lipari, 1944 Monrovia Avenue, Costa Mesa, stated that her main concern was whether she would be allowed to open the delicatessen or not because she has been waiting for four months. No one wished to speak in support of or in opposition to the application. It .was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act, and approve Conditional Use Permit No. 93-9 subject to conditions in Exhibit "A". The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONA USE PERMIT NO. 73-2 EXPANSION OF AUTOMOTIVE REPAIR FACILITY 9052 WALKER STREET: The public hearing was opened by Mayor Kerry. The City Manager stated that the applicant had requested a continuance. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to continue this item to the City Council meeting of November 22, 1993. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age ' CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 76-11, ADDITION OF A KITCHEN AND TWO BATHROOMS ORANGE COUNTY CHINESE CHRISTIAN CHURCH, 4421 CERRITOS AVENUE: The public hearing was declared open by Mayor Kerry. The City Manager called upon the Planning Director to present the staff report dated October 12, 1993. She reported that two phone calls were received. One resident was concerned about the-noise emanating from the Church's parking lot which was most prevalent on Friday evenings and he requested that the hours of operation be restricted to 9 p.m. The second resident voiced concern regarding existing Church parking lot noise escalating as a result of the kitchen activities. The application represented a request to add a kitchen and two bathrooms onto an existing church building, located at 4421 Cerritos Avenue. In accordance with the California Environmental Quality Act, a Categorical Exemption, Class 1(e)(1), will be filed for this project. Staff analysis of the proposed site plan and floor plan concluded the proposal complies with Cypress Zoning Ordinance requirements for building height, setbacks, maximum lot coverage, parking and vehicle circulation. No additional traffic will result from the proposed addition. Notices of this public hearing were posted, published and mailed to the property owners within a 300-foot radius of the subject property. Pastor Carl Che, Orange County Chinese Christian Church, 4421 Cerritos Avenue, Cypress, explained that they have waited to submit this application because of the moratorium and when they did reapply, discovered that their present bathrooms were not handicapped accessible. Responding to questions about the noise on Friday nights, Pastor Che stated that he would caution the teenagers about limiting the noise. 7 /t' - „ . ~ . CITY COUNCIL MINUTES October 25, 1993 Mayor Kerry asked if anyone wished to speak in support of the application. Mr. Danny Lau, 13341 Silver Berry Circle, Cerritos, a church member, explained that there were two other churches on the same block and he believed that the Friday night noise may not be only from their church. Mayor Kerry asked if anyone wished to speak in opposition to the application. Mr. Richard Callaway, 4422 Patricia Drive, Cypress, who is the property owner directly behind the church, stated that the noise is not nearly what it was when it was the Grace Church. His concern is that the noise will escalate as time goes by and he wanted to go on record before it gets to that point. Councilmember Bowman had questions on Conditions No. 43 and 44 and his personal opinion was that he didn't believe that the Police Department or any government body should be making those decisions. The Police Chief stated that these conditions would create the optimum of safety and security and were conditions that they would like to see applied without creating a hardship for the applicant. After further discussion with the applicant on Conditions No. 43 and 44, the City Attorney advised that it is difficult to have a discretionary condition of approval and he suggested that they be made mandatory or deleted. Councilmember Nicholson requested that Conditions No. 43 and 44 be deleted. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing, approve the Amendment to Conditional Use Permit No. 76-11, subject to conditions, deleting Conditions No. 43 and 44. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING- RE• CONDITIONAL USE PERMIT NO 93-13 OFF- SITE GYMNASIUM BRETHREN CHRISTIAN SCHOOL 6125 CHIP AVENUE: Mayor Kerry opened the public hearing. The Planning Director summarized the staff report dated September 15, 1993, which represented a request to establish an offsite school gymnasium at 6125 Chip Avenue in the Wayland/Cypress Business Park. The project proposal is for a tenant improvement comprising 39,000 square feet of an existing 153,000 square foot facility presently leased by Varec Industries. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed on this project. At the June 14, 1993 City Council meeting, staff presented a request for a zoning interpretation in order for Council to consider a gymnasium as a compatible use within the PC-4 zone. Upon consideration of the submitted staff report, Council determined a gymnasium was indeed a compatible use, subject to a conditional use permit. The general operation schedule identified the use of the gym from 2:30 p.m. for practice games, potentially extending until approximately 10 p.m. for varsity basketball games. Rather than create a need in the future to increase the permitted occupancy, Brethren prefered to request the maximum occupancy of 1,800 persons at this time for Council's consideration. The applicant had obtained two reciprocal parking agreements providing 500 stalls at two separate locations. Notices of this public hearing were sent to all property owners within 300 feet of the subject site. To date, staff has not been contacted. ~~:.h:. Mr. Dennis Brown, 19013 Jeffrey Avenue, Cerritos, Superintendent of Brethren Christian Schools, spoke of Brethren's involvement in the Cypress community and their continued desire to prove how much they want to remain a part of it. He volunteered to answer any questions from the Council. Mr. Bob Haley, architect on the project, 7108 Metz Street, Long Beach, stated that he had reviewed all of the conditions of approval. He questioned Item No. 21, which addressed a monitored alarm system and recommended it be deleted. Items No. 22 an 23 are not applicable to the project because they don't intend to have any money or pharmaceuticals stored on the premises. 8 CITY COUNCIL MINUTES October 25, 1993 Councilmember Bowman advised that the wording on Conditions No. 22 and 23 is standard language, but should it ever apply, those conditions would be there. Mr. Terry Kirschner, 26 Via Diabla, Laguna Niguel, representing Wessel-Varec the. tenant occupying the overall property, recommended to the Council that the application be approved. The sublease to Brethren would be in the best interest of the City and a positive development for his company. Mr. Bob Babcock, 2908 Loomis Street, Lakewood, said he had a son attending Brethren and they needed a place to play basketball. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, commented that he thought the proposed gymnasium might be under the landing pattern of Los Alamitos Air Base and, if so, to put 1,800 people in a building under that pattern was not wise. The Planning Director advised that there are no crash hazard zones that exist outside of the boundaries of the air base. No one else wished to speak in support of or in opposition to the permit application. Councilmember Partin suggested changing Condition No. 21 to read, "A monitored alarm system, covering all perimeter doors, shall be installed." It was moved by Councilmember Partin and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration and approve Conditional Use Permit No. 93-13, subject to the conditions as modified above. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT NO. 93-5 ADD SECTION 9.8-3, SECOND UNIT ORDINANCE SECTION 8 DEFINITIONS ADDITION OF SECOND UNIT: The public hearing was opened by the Mayor. According to the staff report dated October 6, 1993, there has been a request for a continuance. It was moved by Councilmember Partin and seconded by Councilmember Bowman to continue this item to the meeting of November 8, 1993. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT NO. 93-6 GOVERNMENTAL EXEMPTION OF THE CITY OF CYPRESS ZONING CODE POLICE/POST SATELLITE DISH: Mayor Kerry opened the public hearing and the City Manager requested that the Planning. Director summarize the staff report dated October 5, 19.93. The Planning Director noted that the title should be CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT N0. 93-6 GOVERNMENTAL EXEMPTION, SECTION 6. EFFECTS OF ZONING. The application represented a City- initiated request to create a government exemption section to be added to the Cypress Zoning Ordinance as Section 6. Effects of Zoning. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. This proposed ordinance created a government exemption for all zoning requirements. This section will only be implemented upon meeting the necessary findings as stated within the proposed ordinance. Of particular - concern are those projects which, if not implemented, could adversely impact the City's ability to maintain the health, safety and welfare of the community. No one wished to speak in support of or in opposition to the proposal. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending Zoning Code, Section 6. 9 CITY COUNCIL MINUTES. October 25, 1993 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA AMENDING ZONING CODE SECTION 6 TO EXEMPT THE CITY OF CYPRESS FROM THE REQUIREMENTS OF ZONING. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None - ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT N0. 93-7 AMENDING SECTIONS 8, 10.1.6 AND 10.3.6, OF THE CYPRESS ZONING CODE TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR SINGLE ROOM OCCUPANCY DEVELOPMENTS: Mayor Kerry declared .the public hearing open. The Planning Director reviewed the staff report dated October 11, 1993, which indicated that the City's amended Housing Element was approved by the City Council in December 1990. Included within the Housing Element is the Housing Program Summary, which outlined the housing programs and objectives the City will be implementing over the next five years. The adoption of the ordinance is designed to provide standards and guidelines for the future development of a transitional housing of Single Room Occupancy facility. Single Room Occupancy developments are designed fora diverse population such as the elderly, physically disabled and low wage service workers. Notices of the public hearing were posted and published. To date, staff has not received any comments on this matter. Councilmember Bowman asked if language could be provided without addressing the number of people occupying a unit. The City Attorney recommended that language be inserted in the ordinance. Mayor Kerry requested that a multi-story building be stepped back and staff insure that any use adjacent to residential has an adequate setback. No one wished to speak in support of or in opposition to the amendment. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to continue the public hearing to the November 22, 1993 meeting. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF RENEWAL OF DESIGN REVIEW COMMITTEE NO 90-25 MULTI-TENANT BUILDINGS NORTHWEST CORNER OF VALLEY VIEW AND ORANGEWOOD: The Planning Director summarized the staff report dated October 19, 1993, which represented a request from Warland Investments, Ltd. for renewal of the subject project. According to the requirements of the California Environmental Quality Act, a Negative Declaration was previously certified by the City Council and filed for this project on August 27, 1990. At this time, Warland requested an additional one year renewal of the proposed multi-tenant business park. It is important to note that no changes have been made to the site plan or elevations. The new application only represented a renewal of the project as it was originally approved. Mr. Carl Robertson, Warland. Investments, Ltd., 1299 Ocean Avenue, Santa Monica, stated that the market conditions are such that they are asking that DRC No. 90-25 be extended another year. It was moved by Councilmember Bowman and seconded by Councilmember Partin to approve the renewal to Design Review Committee No. 90-25, subject to the conditions of approval included in Exhibit "A" of the staff report dated August 17, 1990. The motion unanimously carried by the following ro h cal l vote: 10 CITY COUNCIL MINUTES October 25, 1993 AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF APPLICABLE CONDITIONAL USE PERMIT N0. 84-26 COLONY CABLEVISION EXPANSION: The Planning Director presented the staff report .dated October 19, 1993, which represented a request for the expansion of the Colony Cablevision facility at 5595 Corporate Avenue to include the adjacent building at 5575 Corporate Avenue. This request included only an interpretation of the City of Cypress Zoning Ordinance; therefore, it is not considered a project according to the requirements of the California Environmental Quality Act. Staff had received a request from DeRevere & Associates for permission to construct connecting doorways for the two adjacent office/warehouse buildings located along the same property line and included tenant improvement to the 5575 building for the expansion of the existing Colony Cablevision facility. Staff contended Conditional Use Permit No. 84-26 must be amended to incorporate the proposed expansion of the use onto the 5575 Corporate Avenue property and the applicant argued the proposed expansion should not require an amendment to Conditional Use Permit No. 84-26. Therefore, staff is asking for a determination as to whether the proposed expansion of the Colony Cable facility shall require an amendment to the existing permit, or merely a Design Review Committee permit. After some discussion, the City Attorney advised that any decision by the Council would affect this Conditional Use Permit only and the specific site. Mr. Van Tuyl again spoke about Colony's direction to address the City Council about the addition of ESPN-2 and AMC to the cable system. The Council would pass Mr. Van Tuyl's request onto the CATV Commission. It was moved by Councilmember Bowman and seconded by Councilmember Partin to determine that the interpretation of Conditional Use Permit No. 84-26 to permit office expansion as a Design Review is an interpretation specific to the subject CUP and is not a General Zoning interpretation pursuant to Section 5 of the Cypress Zoning Code. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF GENERAL PLAN ANNUAL REPORT: The City Manager requested the Planning Director summarize the staff report dated September 27, 1993, which was the City's annual report on the status of its General Plan and the progress in its implementation. The report included an update on the City's progress in meeting its fair share of regional housing needs. The goals and policies of the other elements are reviewed for compliance. She mentioned the balanced land uses which met the basic needs including employment, housing, education, recreation and health and welfare and named some of those organizations. Councilmember Bowman remarked that the community needs to be considering the jobs/housing balance, which is becoming a very important issue in Southern California. The Planning Director reported that the overall progress has been very good in meeting not only the goals and policies of the previous General Plan, but also in following through with all of the proposals in the existing General Plan for this year specifically. Councilmember Bowman stated that the report was very well prepared. It was moved by Counc ilmember Bowman and seconded by Councilmember Partin to receive and file the General Plan Annual Report and authorize its submittal to the State for review. The motion unanimously carried by the following roll call vote: 11 ~ . CITY COUNCIL MINUTES October 25, 1993 AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF IMPACT OF PROPOSITION 172 ON THE CITY OF CYPRESS: The City Manager introduced the staff report dated October 20, 1993., which indicated a request had been made by Mayor Kerry to place this item on the Agenda. The information provided by the .League of California Cities contained figures from the Office of the Legislative Analyst indicating that the loss to the City in sales tax if Proposition 172 is defeated, would be $159,000. This figure represented approximately 2% of the Police budget. Mayor Kerry commented that the people need to know the financial status, Prop 172 is a very deceptive measure and $159,000 isn't going to fund four police officers, which is what the City needs. The City Manager advised that the key issue is to explain that the $380,000 is gone and if Prop 172 is approved, some of it will come back. Mayor Kerry stated the cities have done their cutting and now the State needs to do their part. It was moved by Mayor Kerry and seconded by Councilmember Nicholson to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF ADOPTION OF RESOLUTION ESTABLISHING SALARY RANGES AND OTHER BENEFIT CHANGES FOR THE CITY MANAGER: The City Manager presented the report, which indicated that the Resolution provided for a reduction in the benefits that he now received in terms of medical, car allowance and a special life insurance policy and converted .those into an offsetting salary amount. There is no change in total compensation, but a change in the method of payment. Mayor Kerry commented that some of the benefits that the City Manager had are not possible to continue and there was a partial conversion to bring his salary into a more competitive position with other Orange County City Managers. Councilmember Bowman remarked that the City Manager's salary is probably still not comparable to anyone with his experience in Orange County. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, establishing salary ranges and other benefit changes for the Top Management Positions. RESOLUTION N0. 4253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION N0. 4048, ESTABLISHING SALARY RANGES AND OTHER BENEFIT CHANGES FOR THE TOP MANAGEMENT POSITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF CITY MANAGER'S CONTRACT: The City Attorney presented the City Manager Agreement, which the Council had directed the City Attorney to prepare and submit to the Council superseding the prior contractual agreement. The relevant terms provide that the City Manager would be employed for an additional three years, commencing on July 2, 1993 and expiring on June 30, 12 ~ _ . CITY COUNCIL MINUTES October 25, 1993 1996. Essentially, there is a 5% annual increase in salary for those three years at which time the agreement would terminate. At Councilmember Partin's request, the City Attorney explained the change in State law that required that a new contract be prepared. The City Manager added that this was triggered by an action of the State that provided for the conversion of existing contract provisions in the current year and the option was given to amend the contract or retire. Part of the negotiation was to have the least impact upon the City and allow him to continue to work for the City for three more years. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve and execute the City Manager's contract. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 6920 - 7175: It was moved by Councilmember Bowman and seconded by Councilmember Partin to approve the Commercial Warrant List for Warrants No. 6920 through 7175 in the amount of $860,212.22. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF GOVERNMENTAL EXEMPTION OF THE CITY OF CYPRESS ZONING CODE POLICE/POST SATELLITE DISH: The Planning Director presented the staff report dated October 13, 1993, which represented a request to implement Section 6, Effects of Zoning, Governmental Exemption, for the installation of a satellite dish at the City of Cypress Police Department facility as a result of the department's inability to meet the required development standards, the design review application was denied by the Design Review Committee. In the new ordinance, certain findings needed to be made in order to consider the granting of a Governmental Exemption. Based on these findings, the Police Department's request for consideration of an exemption has been substantiated. The satellite dish provides for a practical and cost effective alternative to continue educating the City's police force. Because the dish will be a vital component in the continued maintenance of the health, safety and welfare of the community by providing future training, staff feels implementation of a governmental exemption is warranted. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to authorize the granting of an exemption for the installation of a satellite dish from the criteria regulating Section 18. Design Review of the Zoning Code. Furthermore, this exemption shall not be effective until the adoption and effective date of Section 6. Effects of Zoning Governmental Exemption. The motion unanimously carried by the following roll cal vote: AYES: 4 COUNCILMFMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCII_MEMBERS: Age ORAL COMMUNICATIONS: For Matters Not on the Agenda Councilmember Nicholson brought up the subject of adult businesses and the adoption of an ordinance prior to it becoming an issue. Responding to Councilmember Bowman, the City Attorney replied that the City does have regulations and-some zoning pertaining to adult businesses. The City Attorney recommended the Council direct him to review the current regulations and report back with his evaluation and recommendations. Hearing no objections, Mayor Kerry so ordered. 13 i ~ . r, CITY COUNCIL MINUTES October 25, 1993 Mayor Kerry reported that the League of Cities conference held in San Francisco was very productive. Councilmember Partin did receive some very important information for the City. Councilmember Partin mentioned the State law that forbids general law cities from contracting out work that would save money. Also, another feature that the City is actively pursuing is to ensure that the point of sales tax always comes back to the City. The rezoning of the annexed and redevelopment areas sometimes takes years to realize the full tax increment from those projects in the redevelopment areas. He suggested having the County records reviewed to assure that all of the City's properties are in thel properly specified areas for the receipt of tax increments. The Finance Director stated there are firms that perform that service and he would look into the possibility of interviewing some of those companies. ADJOURNMENT: Mayor Kerry adjourned the meeting at 10:15 p.m. to Saturday, October 30, 1993 at 8:30 a.m. in the Senior Citizens Center Conference Room for a Media Training Workshop. f MAYOR OF E CITY SS ATTEST: CITY CLE 0 E C OF CYPRESS 14